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Will ESA85A Report affect my DLA

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11 years 6 months ago - 11 years 6 months ago #92899 by JK2500
Will ESA85A Report affect my DLA was created by JK2500
I received my ESA 85A Med report today after waiting for 4 months!. I was placed in the support group 2 months ago but that is not the problem.

The advice on the report says that “This person meets the criteria for having limited capability for work” and the Prognosis says that “A return to work is unlikely in the longer term”.

The Medical report says that “The evidence does not suggest that the client has any severely restricted musculo-skeletal function, such that he would be unable to mobilise more than 50 metres, or transfer between seats without assistance from another person”. This is not the case, I have two prolapsed discs, for which I take copious amounts of morphine, collateral nerve damage suffered during an operation on my aorta and legs, unstable angina when walking or at rest, claudication in both lower legs, and I constantly fall over due to a mixture of these complications.

I get higher rate DLA and middle rate care, my problem is, this report may well affect my eligibility for higher rate DLA and care allowance when I go before a medical officer in 2013, when DLA medicals are due to start.

My question is, should I appeal(and if so how)this medical report (written by a Registered Nurse who calls herself an Approved Disability Analyst) and who did not interview me but only had access to my ESA form that I had completed and which contained all the relevant information.

I understand that there will be no right to appeal DLA medicals and if this report, as it stands, is used to assess my eligibility for DLA, then this may well mean that I will lose the right to a mobility car and severely restrict my ability to get out and about.
Last edit: 11 years 6 months ago by slugsta.

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11 years 6 months ago #92904 by Gordon
Replied by Gordon on topic Re:Will ESA85A Report affect my DLA
JK2500

I am afraid you cannot appeal the Decision due to these circumstances, however, you could make a complaint to ATOS on the content of the report.

Out of interest, do you know on what basis you were placed in the Support Group? Did you meet a third descriptor or is it possible that the Decision Maker disagreed with the medical report and felt you met either, or both, of the descriptors that you are concerened about.

In the longer term, I assume you are talking about PIP rather than DLA! It's impossible to say how an 18 month or possibly 4 year old ESA report will effect any assessment for PIP.

Gordon

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11 years 6 months ago #92911 by JK2500
Replied by JK2500 on topic Re:Will ESA85A Report affect my DLA
I think I met several descriptors, so was put straight onto support group without a medical interview. But I don't know who made decision to put me in that group, I suppose it was someone in DWP.

I'm not talking about PIP Gordon. As I understand it, all people on DLA will be re-assessed from 2013 onwards and as I am just 60, I still have several years in DLA before going onto PIP. That is why I was worried that the Medical report would affect my DLA assessment in 2013. Or am I wrong in that assumption?

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11 years 6 months ago #92912 by Gordon
Replied by Gordon on topic Re:Will ESA85A Report affect my DLA
JK2500 wrote:

I think I met several descriptors, so was put straight onto support group without a medical interview. But I don't know who made decision to put me in that group, I suppose it was someone in DWP.

I'm not talking about PIP Gordon. As I understand it, all people on DLA will be re-assessed from 2013 onwards and as I am just 60, I still have several years in DLA before going onto PIP. That is why I was worried that the Medical report would affect my DLA assessment in 2013. Or am I wrong in that assumption?

It would have been a DWP Decision Maker that made the Decision.

The assessments your are referring to will be for claimants being moved from DLA to PIP, existing DLA claimants should be moved from 2014 onwards, there will be a trial and new claimants will begin claiming PIP from 2013 onwards. If you DLA renews before you are moved to PIP, you will be re-assessed for DLA and then moved at a later date.

Gordon

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11 years 6 months ago #92913 by JK2500
Replied by JK2500 on topic Re:Will ESA85A Report affect my DLA
Thanks Gordon.
I was awarded DLA "Indefinitely" in 2005, so maybe I won't have to face the Spanish Inquisition until 2014.
Is it possible to request a copy from the DLA decision maker of their report?

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11 years 6 months ago #92914 by Gordon
Replied by Gordon on topic Re:Will ESA85A Report affect my DLA
JK2500 wrote:

Thanks Gordon.
I was awarded DLA "Indefinitely" in 2005, so maybe I won't have to face the Spanish Inquisition until 2014.
Is it possible to request a copy from the DLA decision maker of their report?

Have a look at the following FAQ

DLA Medical – What forms to ask for?

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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